How do state laws of intestacy apply to children that are adopted by a surviving spouse?
In Utah, state intestacy laws apply differently to children that are adopted by a surviving spouse. Generally, if the adopted child is under 18, they will be treated the same as any biological children of the deceased, and will be eligible to inherit based on the existing law of intestate succession. If the adopted child is over 18, they are not eligible to inherit unless they are specifically mentioned in the will of the deceased. Also, if a person dies without a will, any adopted child who is under 18 will be classified as a Class A heir, along with any surviving spouse and natural-born children. This means that any adopted children that are under 18 will be entitled to an equal share to any other eligible heirs, such as the surviving spouse and natural-born children. Furthermore, adopted children are not eligible to inherit from their biological family if the adoptive parents have died. The same is true if a person dies without a will and the surviving spouse adopted any children from a previous marriage; the adopted children would not be considered legal heirs of the biological family and would not receive a share of the estate. In summary, adopted children in Utah are treated differently than biological children under state intestacy laws. If the adopted child is under 18, they are eligible to inherit as if they were a biological child. If the adopted child is over 18, they are not eligible to inherit unless specifically mentioned in the will of the deceased. Also, adopted children are not eligible to inherit from their biological family unless they are specifically mentioned in the will.
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